Re: A possible GFDL compromise
Fedor Zuev wrote:
> On Wed, 17 Sep 2003, Matthew Garrett wrote:
> >As has been previously pointed out, fair use is far from a universal
> >concept.
>
> Berne Convention, art. 10 par. 1
That's not fair use. Paragraph 1 deals with citations. It's
paragraph 2 that provides for fair use. And paragraph 2 is
made explicitly optional by the wording "It shall be a matter
for legislation in the countries of the Union".
http://www.law.cornell.edu/treaties/berne/10.html
> >Within the United Kingdom, it doesn't exist,
>
> Copyright, Designs and Patents Act, art. 32.
I don't know which part of article 32 of the CDPA you are referring
to, but it deals with copying "in the course of instruction or of
preparation for instruction".
http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_4.htm#mdiv32
Article 30 is much closer but still is very limited in application.
I would classify it as a "citation" right rather than as a
"fair use" right. Note that it has to be "for the purpose of
criticism or review" or "for the purpose of reporting current
events".
Arnoud
--
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
Reply to: